THE STATE OF MAHARASHTRA Vs. BABASAHEB RAOSAHEB WAYKAR

JUDGEMENT

(1.) By this appeal, the State of Maharashtra has challenged the vires of judgment and order of acquittal of accused No.1, passed by learned Assistant Sessions Judge, Ahmednagar in Sessions Case No.53/2003, dated 1.12.2003, whereby all accused were acquitted of the offences punishable under Sections 498-A, 306 and 201 read with Section 34 of the Indian Penal Code. Respondent is original accused No.1. Original accused No.3 died during the trial and proceedings against him is abated.

(2.) The prosecution case in brief is that, the deceased married accused No.1 on 24.5.2002 and thereafter cohabited with the accused persons at Nimbalik. Accused Nos.2 and 3 are parents of accused No.1. They lived together. After marriage, for about 2/3 months, cohabitation of the deceased was normal. However, thereafter accused persons started ill-treatment to the deceased for demand of dowry amount of Rs.7000/-. The deceased was fed up with the said ill-treatment and, therefore, on 30.1.2003, at about 11.30 p.m., at the residence of the accused, deceased committed suicide by setting herself ablaze. Initially, in the injured condition, the deceased was rushed to Civil Hospital, Ahmednagar by accused No.1. Dr. Santosh (P.W.9), who was the then C.M.O. on duty, started medical treatment to deceased and intimated police about the injured deceased. In the result, A.S.I. Shaikh Chand (P.W.5) rushed to Civil Hospital, Ahmednagar and recorded dying declaration (Exh.34) of the deceased in presence of Medical Officer (P.W.9), in between 1.30 a.m. to 2.00 a.m. on 31.1.2003. On the basis of that dying declaration, Crime No.25/2003 was registered at M.I.D.C. Police Station, Ahmednagar. On 31.1.2003, at about 12.300 noon hours, the deceased succumbed to her injuries.

(3.) Offence punishable under Section 306 of the Indian Penal Code being exclusively triable by Court of Sessions, this case came to be committed to the Court of Sessions, Ahmednagar. Charge Exh.11 was framed against the accused persons for the offence punishable under Sections 306 , 498-A read with Section 34 of the Indian Penal Code.